6.6. Attempted Voluntary Manslaughter
This is a Florida Jury Instructions form that can be used for 06 Attempted Homicide within Criminal.
Last updated: 2/28/2006
6.6 ATTEMPTED VOLUNTARY MANSLAUGHTER 782.07 and 777.04, Fla. Stat. To prove the crime of Attempted Voluntary Manslaughter, the State must prove the following element beyond a reasonable doubt: [Name of defendant] committed an act [or procured the commission of an act], which was intended to cause the death of [name of victim] and would have resulted in the death of [name of victim] except that someone prevented [name of defendant] from killing [name of victim] or [name of defendant] failed to do so. However, [name of defendant] cannot be guilty of attempted voluntary manslaughter if the attempted killing was either excusable or justifiable as I have previously explained those terms. It is not an attempto commit mt anslaughter if [name of defendant] abandoned the attempt to commit the offense or otherwise prevented its commission under circumstances indicating[na me of defendant]s complete and voluntary renunciation of a criminal purpose. To "procure" means to persuade, induce, prevail upon or cause a person to do something. In order to convict of attemy mpted voluntaranslaughter it is not necessary for the State to prove that the defendant had a premeditated intent to cause death. NOTE TO JUDGE: There is no crime of attempted involuntary manslaughter (i.e., manslaughter by culpable negligence.) See Taylor v. State, 444 So. 2d 931 (Fla. 1983). In the event of any reinstruction on attempted voluntary manslaughter, the instructions on justifiable and excusable attempted homicide should be given at the same time. Hedges v. State, 172 So. 2d 824 (Fla. 1965).